38-year-old banker, Sarvenaz Fouladi, who said she had been bombarded with incessant commotion from her neighbour’s children at her £2.6 million apartment in Kensington, west London, has won £100,000 in damages, after she sued her neighbours over the “intolerable” noise of their children who she said treated their flat above like a playground.
Ms Fouladi, who lives with her mother in the 1920s mansion block, told Judge Nicholas Parfitt, that the sound of everyday activity from Sarah and Ahmed El Kerrami’s children playing to dishes being washed, ruined her peace during the day and kept her up at night.
During the case, the banker told the court she had lived happily in the block, which has 24-hour porters, for years without noise from above. It was only when work was done prior to the El Kerramis’ family of five arrival in 2010, that her life and that of her mother, Fereshant Salamat, began to be blighted.
Giving his judgement on the incident which Ms. Fouladi claimed occurs in the flat owned by the El Kerramis and their family company, Judge Nicholas Parfitt said it was the noise of simple “day-to-day living” of Ms. Fouladi’s neighbour’s children which had caused the problem in the mansion block.
The Judge who issued an injunction ordering the company to do work on the floors in the flat to significantly reduce noise levels, said carpets should have been placed on the wooden floors in the living areas.
‘I find that the noises are the noises associated with everyday living,’ he told the court. ‘I find also that those noises include, on occasion, late night parties, but that such parties – even if they do include singing and drumming – are not frequent.
‘I find that the noises include those of children playing and running around, including late at night. The impact of the noise is sufficiently loud to be invasive and disturbing to an objective standard.’
He added: ‘I am satisfied that, but for the new floor being as it is, the noise disturbance that I have referred to as present would not have been so.’
The Judge ordered that Miss Fouladi be paid compensation of £107,397.37, rising by £40-a-day until the work is done.